ABSTRACT
This chapter discusses the meaning of disclosure in criminal and civil proceedings. Full disclosure is not always possible with the operation of public interest immunity (PII). PII has long been subject to widespread criticisms and calls for review. Crown privilege reflected the position whereby the Crown could simply claim to retain information from disclosure as of right. A claim for public interest immunity can take one of two forms: a class-based or content-based claim. Disclosure in criminal proceedings can be defined as 'providing the defence with copies of, or access to, any prosecution material' that satisfies the disclosure test. The use of special counsel in England and Wales began with the Special Immigration Appeals Commission Act 1997. The law on closed material procedures has expanded rapidly, especially since the introduction of the Justice and Security Act 2013.
